High Court Split On Antitrust Test For Pay-For-Delay Deals

Law360, New York (March 25, 2013, 5:27 PM EDT) -- Several justices appeared sympathetic during oral arguments Monday to the Federal Trade Commission's claim that pay-for-delay deals often hamper competition but voiced concern about creating a new, burdensome antitrust rule just for the pharmaceutical patent settlements.

The U.S. Supreme Court seemed divided over how to treat the Hatch-Waxman Act settlements under the antitrust laws. Justice Antonin Scalia questioned why the court should "overturn understood antitrust laws ... just to patch up a mistake that Hatch-Waxman made," while Justice Sonia Sotomayor said that reverse payments suggested the...
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